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(영문) 청주지방법원 2018.05.25 2018고합2
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] On September 18, 2015, the Defendant was sentenced to three months and six months of imprisonment for fraud at the District Court of the Jung-gu District on September 18, 2015, and completed the execution of the sentence at the Jung-gu prison on October 17, 2015.

[2] The Defendant is a person who actually operates D, a corporation established on December 15, 2016 for the purpose of cultural content business, etc. and located on the second floor of the public building in the public building in the public building in the public building in the public building in the public building in the public building in the public building in the public building in

On February 23, 2017, the Defendant leased all the 2nd floor of the Victim E Co., Ltd. (E; hereinafter “victim Co., Ltd.”) to F, the representative director of the D Co., Ltd. (E; hereinafter “Co., Ltd.”) on the said D office by the end of March 31, 2017. As such, the 500,000,000 won out of the total construction cost of KRW 1,100,000,000, out of the total construction cost of KRW 1,100,000, and the remainder will be paid immediately within three days after the completion of the construction work.

It is concerned that there is no problem in paying the construction cost even with the deposit for the second floor lease of the building C. However, it is necessary to preferentially pay 50,000,000 won with the performance deposit and return it later at the time of the payment of the construction cost.

The phrase “ makes a false statement.”

However, even though the Defendant leased the second floor of the above C building, it was thought that the lease deposit was limited to KRW 200,000,000, and that part of it was appropriated for the above performance deposit. At the time, the above D did not have any specific profit or any other profit, and it did not have any ability to pay the remainder of the lease deposit, and it did not have any specific intent or ability to return the deposit, even if the victim company made the above interior construction work.

Nevertheless, the defendant deceiving F of the representative director of the victim company as above and deceiving it from the victim company.

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